Recognition child maintenance orders
Following the accession of the Republic of Bulgaria to the EU, as regards the recognition and enforcement of decisions and other acts issued in other EU Member States, EU law and the standards established and incorporated in the CCP shall apply.
There is also clarity and a relatively easy way to allow the enforcement of decisions and other acts issued in other EU Member States
The recognition and enforcement of maintenance orders in EU member states is governed by Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
This regulation is known as “Brussels I” and has been in effect since 1 March 2002. It replaced the 1968 Brussels Convention in all the EU states except Denmark. That Convention continues to apply to other countries. Recognition child maintenance orders
The Regulation applies in civil and commercial matters and has detailed rules in a number of areas including consumer contracts and individual employment contracts.
It does not cover a range of matters including taxation, the status or legal capacity of people, matrimonial matters, wills and succession and social security.
Here we are only concerned with its role in relation to family law. It does apply to maintenance orders in family law cases. It deals with jurisdiction (i.e. which court can hear the case) and enforcement of maintenance orders.
The recognition and enforcement of judgments given in non-EU non-EU countries should be in a different procedure and order, namely the order established by the ECHR.
In Part Four, Chapter 12, Articles 117 to 124, the ECtHR sets out the procedure for recognizing and allowing the enforcement of foreign decisions and other acts (of non-EU countries) in Bulgaria.
According to part four of the KIHR, the conditions introduced in Art. 117 The ECtHR for recognition and approval of enforcement are the following:
– Decisions and acts of foreign courts and other bodies are recognized and enforced when:
– the foreign court or authority was competent according to the provisions of Bulgarian law , but not if the sole ground for foreign jurisdiction in property disputes was the nationality of the claimant or his registration in the state of the court;
– the defendant was served with a copy of the application, the parties were regularly summoned and the fundamental principles of Bulgarian law related to their defense were not violated ;
-if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
-if between the same parties on the same grounds and for the same claim no proceedings pending before the Bulgarian court , started before the foreign case in which the decision for which recognition and enforcement is sought;
– recognition or approval of the performance does not contradict the Bulgarian public order
It provides that, if you are a maintenance debtor (you are owed money under a maintenance order), you may sue the maintenance creditor (the person who owes you money) in the member state where you are domiciled or habitually resident if the maintenance creditor is domiciled in another member state.
Maintenance matters may also be decided by the court which is dealing with divorce or separation proceedings, provided its jurisdiction to do that is not based only on the nationality of one of the parties. Recognition child maintenance orders